The Constitutional Court has declared
inadmissible a referendum for the abrogation of the government's
legislation bringing in 'differentiated autonomy' to enable
regions to request more power over how the tax revenues
collected in their areas are spent.
The Court's 11 judges ruled that the "object and the aim of the
question" posed by the referendum "are unclear".
This issue hinders the voter's possibility of "making an
informed decision", said the judges, who are 11 instead of 15 as
Parliament has yet to elect the missing top judges after the
mandates of four members of the court expired.
Parliament is scheduled to elect a new president on Tuesday.
Moreover, the "referendum would have an impact that alters its
function, becoming a choice on differentiated autonomy, as such,
and finally on article 116, third comma, of the Constitution,
which cannot be the object of an abrogative referendum, but only
of a constitutional reform", the judges ruled.
Late last year, the Constitutional Court ruled that it did
consider specific parts of the law "illegitimate", saying they
needed to be corrected.
In particular, one of the issues raised regarded the legitimacy
of the minimum levels of service (LEPs) that must be provided by
all regions nationwide being updated via a decree issued by the
premier.
Another issue regarded "optionality for the regions receiving
devolution, to contribute to public finance objectives, rather
than the obligation to do so, with consequent weakening of the
bonds of solidarity and the unity of the Republic".
The court said it was up to parliament to resolve the issues it
has identified.
Meanwhile, late on Monday, the Constitutional Court said five
other referenda were admissible: one aims to halve from 10 to
five the number of years of continual legal residence required
for foreign citizens to obtain Italian citizenship.
Others concern the Jobs Act labour legislation, rules regulating
how workers are laid off in small businesses, short-term
contracts and the social responsibility of tendering
regulations.
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